When a deed in Kansas conveys property 'to Alice and Bob,' but does not specify the type of co-ownership, what form of ownership is presumed under Kansas law?
Correct Answer
C) Tenancy in common
Under Kansas law (K.S.A. 58-501), when a conveyance is made to two or more persons and the deed does not expressly state that the grantees take as joint tenants, the default presumption is tenancy in common. To create a joint tenancy, the deed must clearly express the intent, typically using language such as 'as joint tenants with right of survivorship.' Absent such express language, tenancy in common is presumed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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